Joshua practices nationally and accepts briefs in all areas of commercial law, with a particular interest in building and construction matters. Joshua is also experienced in matters relating to the intersection of commercial law and the built environment, including domestic and international arbitration, insurance, planning and environment, and competition and consumer law.
A summary of his recent experience is provided below.
Arbitration
ACICA Arbitration (Sydney) (Led by Ian Pike SC and Tim Breakspear SC, with Timothy Boyle) – Instructed by MolinoCahill – Acting for the D&C Contractor in connection with claims arising from the construction of a significant rail infrastructure project in New South Wales ($billions).
Building & Construction
Advising a market leading property developer in relation to disputes concerning alleged defects in a high-end residential development in Melbourne, Victoria ($millions). Instructed by Baker McKenzie.
Advising a T-1 builder in relation to various alleged defects in three high-rise residential apartment towers in Melbourne, Victoria. The issues included, amongst other things, statutory limitations and the availability of contingent claims against subcontractors ($millions). Instructed by Baker McKenzie.
Advising a leading global renewables investment and development company in relation to disputes concerning the operations and maintenance of a significant solar farm asset in North Queensland. Instructed by Baker McKenzie.
Advising a property and capital asset investment fund in relation to significant defects in a high-rise residential apartment tower in Sydney, New South Wales ($millions). Instructed by Baker McKenzie.
Advising two property and capital asset investment funds in relation to alleged defects and prospective claims in connection with a substantial mixed-use property development in Sydney, New South Wales ($millions). Instructed by King & Wood Mallesons.
Advising a respondent in parallel adjudication applications under the Building and Construction Industry Security of Payment Act 1999 (NSW). Claims arising in connection with a significant logistics infrastructure development in Sydney, New South Wales. Disputed claims totalling more than $130 million. Instructed by King & Wood Mallesons.
Westkon Precast Concrete Pty Ltd v DBM Puskas Drafting Pty Ltd* – Resolved – Unled – Instructed by Kennedys – A dispute concerning alleged deficiencies in shop drawings prepared for the purposes of manufacturing pre-cast concrete structural elements for a mixed-use development ($millions) – Before the County Court of Victoria.
Samco Steel & Precast Pty Ltd* v Roxton Commercial Builders Pty Ltd [2024] VCC 783 – Unled – Instructed by Dandanis & Associates – Acting for a structural steel and precast concrete subcontractor in connection with an application to enforce a number of “undisputed” or unanswered payment claims pursuant to s 16(2) of the Building and Construction Industry Security of Payment Act 2002 (VIC) – Before the County Court of Victoria.
East St Falls Pty Ltd* v LU Simon Builders Pty Ltd & Ors [2024] VCAT 416; West St Falls Pty Ltd* v LU Simon Builders Pty Ltd & Ors [2024] VCAT 417 – Led by Gabi Crafti SC – Instructed by Pelham Strata Lawyers – A dispute concerning alleged latent and patent defects in a mixed-use building, interlocutory issues concerning limitations periods, pleading amendments and joinder ($millions) – Before the Victorian Civil and Administrative Tribunal.
Planning
Acting for an individual objector in connection with an application under s 82 of the Planning and Environment Act 1987 (VIC) for the review of a decision of the responsible authority to grant a permit in connection with a solar farm and battery storage facility in Regional Victoria – Before the Victorian Civil and Administrative Tribunal.
Class Actions
Assisting with large-scale document review processes and related attendances in connection with two significant class actions / representative proceedings in the Supreme Court of Victoria. Instructed by Arnold Bloch Leibler.
Other Matters
Acting for a landlord in connection with an application for leave to appeal a decision of the Victorian Civil and Administrative Tribunal regarding the determination of “market rent” for a commercial premises pursuant to s 37 of the Retail Leases Act 2003 (VIC); before the Supreme Court of Victoria.
Before joining the Bar, Joshua worked as a solicitor with MolinoCahill, a market-leading specialist law firm providing advice to clients involved in the construction, infrastructure, technology, defence, and energy and resource sectors. As a solicitor, Joshua worked on a variety of matters, ranging from smaller disputes involving subcontractors and designers ($ million +) through to significant claims on large infrastructure projects ($ billions). His practice included advising clients on complex construction and engineering disputes, including in relation to delay and disruption, and defects, as well as the administration of major projects.
Joshua has been published in peer-reviewed legal journals, including in relation to the validity of contractual limits on liability, the availability of a quantum meruit in light of recent developments in the law, and the scope of third-party claims in arbitration. His contributions to the field have been recognised in consecutive years (2020 and 2021) through the Brooking Prize – an annual competition held by the Society of Construction Law Australia for the best essay submitted in the field of construction law.
Joshua read with Gabi Crafti SC. His senior mentor is Rob Craig KC.